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2025 DAILYLAW 8005 (AP)

K.SHANMUKHA RAO, SAROJA EDUCATIONAL ACADEMY, ANANTAPUR DT v. COMMISSIONER, TADIPATRI MUNICIPALITY, ANANTAPUR DISTRICT

WP/17936/2014 · 2025-04-08

Nyapathy Vijay

body2025

Judgment text

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APHC010084002014 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17936 OF Between: K.Shanmukha Rao, Saroja Educational Academy, Anantapur Dt Commissioner Tadipatri Municipality Anantapur District Counsel for the Petitioner: 1. T RAJENDRA PRASAD Counsel for the Respondent: 1. MD SALEEM (SC MC The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17936 OF 2014 hanmukha Rao, Saroja Educational Academy, Anantapur AND Commissioner Tadipatri Municipality Anantapur District ...RESPONDENT Counsel for the Petitioner: T RAJENDRA PRASAD Counsel for the Respondent: MD SALEEM (SC MC RSEEMA SPSR NLR) The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER ...RESPONDENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17936 OF 2014 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring demand Notice dated 04.04.2014, issued by the respondent herein to Sri Chaitanya School, H.No.13/882, Rice Mill Road, Tadipatri, Anantapur District, as illegal, arbitrary, unconstitutional, contrary to principles of natural justice, without any power or authority, consequently set aside the same and direct the respondent not to demand the petitioner to obtain trade licenses to any of its branches of educational institutions and pass such other orders....” 2. Heard learned counsel for the petitioner and learned Standing Counsel for the Respondent. 3. During hearing learned counsel for the petitioner would contend that the Respondent/ Corporation had issued impugned notice calling upon the petitioner to pay Rs. 15,000/- towards Trade License. Learned counsel for the petitioner would submit that the Educational Institutions cannot be treated as Trade, which is registered under the provisions of Societies Registration Act. In similar circumstances, the erstwhile High Court of Andhra Pradesh, Hyderabad had also passed an order in similar circumstances exempting Educational Institutions from trade license in the case of “Visakhapatnam Typewriting Institutes Owners Welfare Association v. Visakhapatnam Municipal Corporation”1 . 1 2001(0) Supreme (A.P) 52. 4. Therefore, this Writ Petition is allowed, while setting aside the impugned Notice dated. NIL, issued by the respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. __________________ NYAPATHY VIJAY, J Date: 08.04.2025 KK